Supreme Court: The Age of Holmes and Brandeis

The influence of two men—Oliver Wendell Holmes, Jr., and Louis Dembitz Brandeis— will be examined in this seminar on American constitutional development from 1902 to 1939. Although the phrase “Holmes and Brandeis dissenting” led many people to believe that they shared a common jurisprudential philosophy, the differences between them are as important as the areas in which they agreed. Read more

Jay Heritage Center Awards First John Jay Medals

Jay Heritage Center (JHC) Founder Catherine &#8220Kitty&#8221 Aresty and New York Preservation Advocate, Barbaralee Diamonstein-Spielvogel were recipients of the 1st Annual &#8220John Jay Medal for Service&#8221 awarded at JHC’s 20th Anniversary Gala on Saturday, October 13, 2012.

In keeping with the legacy of one of America’s greatest Founding Fathers, the John Jay Medal recognizes individuals who demonstrate a selfless spirit of commitment and engagement with their community.

As an early member of the Jay Coalition, Catherine &#8220Kitty&#8221 Aresty helped harness the energy of thousands of volunteers and citizens to save the Jay Property when it was threatened by commercial development in the early 1980s. She was one of 5 dynamic women who formed the vanguard for preservation of the site, finally securing a victory in 1992 but her total commitment to seeing the property restored for public use extends more than 30 years including 22 consecutive years on the JHC Board.

Similarly, Barbaralee Diamonstein-Spielvogel’s career spans more than 40 years. She has been a pioneering champion of preservation and the arts, credited with bringing the first public art to Bryant Park and the first public performance to Central Park. The first Director of Cultural Affairs for New York City, she was the longest term Landmarks Commissioner in the city’s history, spanning four mayoral administrations from 1972 to 1987. Her expertise and advocacy of historic preservation has garnered her countless honors and prestigious appointments from nor fewer than 4 US Presidents. Dr. Diamonstein-Spielvogel is the current Vice Chair of the New York State Council on the Arts.

Congresswoman Nita Lowey and Westchester County Executive Rob Astorino served as Honorary Co-Chairs of the evening which drew over 170 people from Manhattan, Westchester and Greenwich to the National Historic Landmark site. While the event also marked an important 2 decade milestone for the organization, adding to the festive feeling was the recent announcement of a public private partnership between JHC, New York State Parks and Westchester County to manage and restore the entire 23 acre Jay estate as a historic park and educational resource. The site has been a member of Westchester County’s African American Heritage Trail since 2004 and was added to the prestigious Hudson River Valley National Heritage Area following its nomination in 2008 by County Legislator Judy Myers.

JHC President Suzanne Clary commended the men, women and coalition of non-profits that first saved Jay’s home but also emphasized the &#8220new coalition&#8221 they are forming with other museums and preservation groups like the NY Preservation League, The Landmarks Conservancy, Audubon NY, the World Monuments Fund and more. Congresswoman Lowey recognized the power of bi-partisan support that continues to guide JHC’s success.

Ken Jenkins, Chairman of the Westchester County Board of Legislators presented a proclamation to both honorees and added his strong words of support for the Jay Heritage Center’s mission to revitalize one of Westchester’s premiere heritage destinations. Steve Otis, former Mayor of Rye brought accolades from Sen. Suzi Oppenhiemer and personally congratulated the two medal awardees on their vision and tenacity- he reminded the audience how dilapidated the Jay site was when first acquired and how miraculous its transformation had been under JHC’s trusted stewardship. Both honorees gave moving remarks and thanks and underscored the continued need to stay &#8220passionate&#8221 about preservation.

The theme of the night was Roaring 20s &#8211 guests dressed in everything from raccoon coats and spats to flapper dresses and boas made for an evening that was simply &#8220the bees knees!&#8221 Proceeds form the event benefit JHC’s programs which benefit schools through Westchester and the Lower Hudson Valley region.

Learn more about the Jay Heritage Center at www.jaycenter.org

NYS Museum: New Deal Artists Exhibit Opens

A new exhibition &#8212- 1934: A New Deal for Artists &#8212- has opened at the New York State Museum showcasing paintings created against the backdrop of the Great  Depression with the support of the Public Works of Art Project (PWAP), the first federal government  program to support the arts nationally.

During the Great Depression, President Franklin Delano Roosevelt promised a &#8220new deal for the American people,&#8221 initiating government programs to foster economic recovery. Roosevelt’s pledge to help &#8220the forgotten man&#8221 also embraced America’s artists. Read more

Exploring A Dutch Colony Under English Rule

Dr. David William Voorhees will give a presentation on how the Jacob Leisler Papers Project at New York University is transforming our understanding of the transition from Dutch New Netherland to English New York in the period from 1660 to 1700.

Jacob Leisler (1640-1691) was intimately bound to the economic, social, and political development of New Netherland and New York from his arrival in New Amsterdam in July 1660 in the employ of the Dutch West India Company until his beheading in New York City by the English governor in May 1691. Read more

A Treacherous Beauty Behind Benedict Arnold

Treacherous Beauty: The Woman Behind Benedict Arnold’s Plot to Betray America by Stephen Case and Mark Jacob (Globe Pequot, 2012) is the biography of Peggy Shippen, a Philadelphia society girl who became Mrs. Benedict Arnold and was involved in the most notorious treason in American history. When the plot was discovered, Peggy cleverly deflected blame. More than a century after her death, documents were discovered showing that she was a conspirator. But Peggy’s story remains little known today.

The granddaughter of a Philadelphia mayor, Peggy was 17 when the British army occupied her city. She became friends with John Andre, a handsome British officer. Then, when the patriots retook Philadelphia, Peggy was courted by the city’s top military man, General Benedict Arnold, who was considered the best battlefield commander in George Washington’s army but had been grievously wounded at Saratoga. Peggy was 18 and Arnold was 37 when they married. A month later, they began secretly communicating with the British, offering to commit treason. The British officer who handled the negotiations was Peggy’s old friend, Andre.

Ultimately, the Arnolds settled on a plan to surrender the vital outpost of West Point to the British and arrange the capture of thousands of troops – and perhaps even Washington himself. But Andre was captured behind enemy lines, and the plot unraveled. Arnold fled to the British, leaving Peggy behind to care for their infant son and convince the Founding Fathers that she was innocent. She put on one of the greatest performances in American history – a hysterical episode known as the “Mad Scene” that convinced Washington and the others that this highly intelligent woman was oblivious to the plot.

Andre was hanged as a spy. Peggy rejoined Arnold and eventually moved to London. Later they tried to settle in Canada, but Arnold’s business disputes ruined their chances. Peggy spent her last years in England trying desperately to keep her family afloat despite her husband’s financial recklessness. She succeeded in raising five children of the British Empire, four of them soldiers. Peggy died of cancer at age 44, and demanded the most modest burial possible. A keepsake was found among her effects: a lock of hair from John Andre.

Stephen H. Case is managing director and general counsel of Emerald Development Managers LP. He is a member of the board of the American Revolution Center. Mark Jacob, deputy metro editor at the Chicago Tribune, was part of the team that won the 2001 Pulitzer Prize for explanatory journalism. To satisfy his personal curiosity, Case has made himself an expert in the Peggy Shippen story, reading all available histories that examine her story and tracking down Peggy’s letters at various repositories of historical manuscript.

Mark Jacob, deputy metro editor at the Chicago Tribune, was part of the team that won the 2001 Pulitzer Prize for explanatory journalism. He is co-author of the newspaper’s “10 Things You Might Not Know” feature. He has co-written four other books, including What the Great Ate.

Note: Books noticed on this site have been provided by the publishers. Purchases made through this Amazon link help support this site.

William Seward Biographer Visting Sewards Hometown

Walter Stahr, author of a new biography on one of America’s greatest statesmen, William Henry Seward, will be visiting Florida, NY (Orange County) on October 14. The visit will include a lecture and book signing at the school founded by William Henry’s father, Samuel Sweezy Seward, which today still bears his name, the SS Seward Institute.

This will be Stahr’s third visit to Florida. His first two visits took place while he was researching his latest book, Seward: Lincoln’s Indispensable Man, which took four years to complete. The biography, released in September, has already received highly favorable reviews. Read more

Jay Heritage, County Reach Agreement on John Jay Property

Responsibility for the full restoration and long–term maintenance of the historic John Jay property in Rye, NY, the boyhood home of a Founding Father and the nation’s first Chief Justice, will be turned over to the Jay Heritage Center (JHC), under terms of a license agreement announced late last week by Westchester County Executive Robert P. Astorino at a news conference at the site.

According to a statement issued to the press the agreement is designed to ensure the preservation of the nationally significant property and serve as a model of cooperative stewardship that can be emulated nationwide. &#8220It will also advance shared goals of New York State, Westchester County and non-profits like JHC to promote heritage tourism by making historic resources more accessible to the public,&#8221 the statement said.

“It has been over 20 years since the county, working with New York State, came to the rescue of the Jay property, saving it from demolition,” Astorino said. “Now the county is stepping in again with an innovative public/private partnership to preserve it for future generations in a way that doesn’t fall on taxpayers. In these challenging economic times, these are the kinds of solutions that are essential.”

The property is located adjacent to the county’s Marshlands Conservancy. Westchester County and New York State jointly own 21.5 acres of the site- the Jay Heritage Center owns the other 1.5-acre parcel, which contains the 1838 Jay House, built by Jay’s son on the site where his father grew up.

The new license agreement will transfer oversight for the upkeep of the property and investment in significant capital infrastructures to the Jay Heritage Center, which will raise funds as a private 501(c)3 and also apply for grants. Tax deductible donations from individuals and corporations will be accepted to help restore the historic meadow, the gardens, the apple orchards and rehabilitate historic structures for public educational uses as lecture halls, classical music spaces and art galleries.

At a press conference at the site, Astorino was joined by Rye City Mayor Doug French and Suzanne Clary, president of the Jay Heritage Center (JHC), as well as New York State Parks Deputy Commissioner Tom Alworth to announce the agreement, which must be approved by the county’s Parks Board, the Board of Acquisition and Contract, and the State Comptroller’s Office.

The Jay Property was designated a National Historic Landmark in 1993 as part of the Boston Post Road Historic District. It was also named to the Westchester County African American Heritage Trail in 2004.

Most recently in 2009, it became 1 of only 100 Congressionally funded sites in the Hudson River Valley National Heritage Area based on the importance of its architecture, its landscape and themes of freedom and dignity that its 10,000-year-old history embodies.

“This is an unparalleled opportunity for us to restore one of America’s greatest landscapes and open it to the public at a time when families are looking for places of beauty and history to inform and inspire their daily lives,” said the JHC’s Clary.

Deputy Commissioner Alworth also praised the agreement, saying: “Partnership agreements such as this one have been highly successful in enhancing the quality of parks and historic sites for the visiting public. The Jay Heritage Center has done an impressive job restoring the historic house, and I’m confident they will continue their excellent stewardship of the site. This public-private partnership will ensure the John Jay property remains a valued recreational and cultural resource for Westchester residents and visitors alike.”

The main terms of the agreement are:

· The county and state, as owners, will grant a 10-year license, which is renewable after the initial term, to the Jay Heritage Center for the use of the property. This will give the JHC the ability to raise funds to operate the park and make improvements.

· The county and state will have the right to approve or disapprove any physical alterations to the property.

· The property will continue to be operated and maintained as state and county parkland and will be accessible to the general public. The JHC may establish admission fees, subject to approval by the state and the county consistent with county fee structures.

· JHC will create and pay for a specific maintenance and restoration schedule detailed in the agreement, dealing with landscape, invasive plant removal and restoration of historic structures, among other things.

· The county will continue to police the property.

· The county will no longer spend approximately $25,000 annually to maintain the property, and JHC will be responsible for ongoing maintenance and the capital improvements that the property requires.

· The county will remain responsible for the costs of any environmental remediation that may be required on the property for conditions that existed prior to the license agreement. Any environmental remediation required as a result of JHC’s restoration work will be the responsibility of JHC.

Photo:Top Row: JHC Board members Emma Hanratty, Jim Kelsey (JHC Vice President,) Lauren Lambert, Michael Kovner (JHC Vice President)- Bill Mooney, Senior Assistant to County Executive, Joe Sack ,Rye City Council

Second Row: Deputy County Executive, Kevin Plunkett, Frank Sanchis, World Monuments Fund and JHC Advisory Board, JHC Board member Cathy Rosenstock, Julie Killian, Rye City Council and Tom O’Handley, Audubon NY

Third Row: JHC Board Member Charlene Laughlin, Anne Van Ingen, Preservation League of NY State, Patricia Mulqueen, Con Edison Community Relations Westchester, JHC Founder, Kitty Aresty, Steve Otis, former Mayor of Rye

Front Row: Tom Alworth, New York State Parks Deputy Commissioner of Natural Resources, Suzanne Clary, JHC President and Rob Astorino, Westchester County Executive.

The Railroad Wars of New York State

New York’s railroads were born of the cutthroat conflict of rate wars, bloody strikes and political graft. The railroad wars began as soon as the first line was chartered between Albany and Schenectady when supporters of the Erie Canal tried to block the new technology that would render their waterway obsolete.

After the first primitive railroads overcame that hurdle, they began battling with one another in a series of rate wars to gain market share. Attracted by the success of the rails, the most powerful and cunning capitalists in the country—Cornelius Vanderbilt, Jay Gould, Daniel Drew and other robber barons—joined the fray. Read more

NYS Museum Opens Civil War Exhibit

The exhibit &#8220An Irrepressible Conflict: The Empire State in the Civil War&#8221 has opened at the New York State Museum, commemorating the 150th anniversary of the Civil War.

The pivotal role New York State played in the war is the focus of the 7,000-square-foot exhibition. As the wealthiest and most populous state, the Empire State led all others in supplying men, money, and materiel to the causes of unity and freedom. New York’s experience provides significant insight into the reasons why the war was fought and the meaning that the Civil War holds today. An Irrepressible Conflict will be open through September 22, 2013 in Exhibition Hall. Read more

Political History: A Hamilton County Write-in Campaign


It’s relatively rare for a write-in candidate to win an election. A recent, high-profile example occurred in Alaska’s senate race when Lisa Murkowski bested Joe Miller, the Tea Party candidate.

Miller took to the courts, claiming that misspellings of Murkowski’s name on many ballots disqualified those votes. The ridiculous charge—it’s an election, not a spelling contest—was dismissed. Otherwise, candidates with easy-to-spell names (like Miller, as opposed to Murkowski) would enjoy a considerable write-in advantage.

A precedent for that situation had long been established, but it wasn’t always followed. More than a century ago, an Adirondack election was decided based on the electorate’s inability to spell a candidate’s name and to record it with consistency. The result? Across the state, headlines of potential bloodshed made the news. It was a year before the issue was finally resolved.

It all began prior to the election of fall 1901 in Hamilton County, where the Republicans chose B. Frank Kathan as their candidate for sheriff. The Democrats offered no opposition, yet Kathan lost the election. Say what? Yep, it’s true. He lost, even with no opponent on the ballot.

Leading up to November, a few dedicated Democrats, including some deputy sheriffs (led by William Osborne), felt the party should have offered a candidate. They began urging voters to support a certain write-in candidate, the very popular Jim Locke.

By all accounts, it came as a total shock on Election Day when the ballots were examined and Jim Locke had triumphed by 40 votes (326–286). He was declared the winner and was issued a Certificate of Election, verifying the outcome.

When Locke took over the office of sheriff, Kathan took off for court. Despite opposition, he obtained a show-cause order requiring the Board of Canvassers to recount the votes (Kathan’s claim was that some ballots were “defective”). The judge ordered that the votes be counted exactly as they were cast, and that presented a problem for James Nathan “Jim” Locke.

Though the voters’ intentions were clear, Locke’s name had been written in many forms. In some settlements he was known as Jim, and in others as Nat. On the ballots, there appeared Jim, James, James N., James Nathan, J. N., Nat, and other variations. The recount revealed new totals: Nat Locke–223- J. N. Locke–32- James N. Locke–24- and a number of other smaller groupings.

Since Frank Kathan had garnered 286 votes, he was declared the winner and was issued a Certificate of Election. Hamilton County now had a new sheriff. Well … let me rephrase that. Hamilton County now had two sheriffs. Jim Locke had already taken up residency in the county jail at Lake Pleasant, and he wasn’t going anywhere. Suddenly, the county had a big problem, and the entire state was waiting to see how it would play out.

It wasn’t pretty. Locke soon made his position clear—he expected to remain sheriff. To that end, headlines from Albany to Buffalo proclaimed that the Hamilton County Jail was under siege, and that violence might well play a role in the outcome. As one article noted, “Kathan demanded possession of the keys to the jail, but Locke had three guards on duty, armed to the teeth with revolvers and Winchesters. Kathan’s demands were refused.”

Adding drama to the situation, it was noted that Arietta sharpshooter Jim Higgins was among those defending the jail. A set of Albany headlines in mid-February said it all: “Crack Shot Guards Jail at Lake Pleasant—Supreme Court Defied—May be Necessary to Call Out Troops to Oust Locke.”

With the state militia already mentioned, Kathan turned again to the courts. A few days later, Locke was ordered to show cause why he should not be punished for contempt of court.

Next week: 2nd of two parts: High drama and a jailhouse coup at Lake Pleasant.

Photo: At Lake Pleasant, old jail and courthouse on left, modern courthouse on right.

Lawrence Gooley has authored 11 books and dozens of articles on the North Country’s past. He and his partner, Jill McKee, founded Bloated Toe Enterprises in 2004. Expanding their services in 2008, they have produced 24 titles to date, and are now offering web design. For information on book publishing, visit Bloated Toe Publishing.